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Updated: June 2, 2025
But William and John wisely considered, that they could not put the money into any pocket sooner than their own; that as the estate was in the family it was needless to disturb it; that as the will was not known to the world, there was no necessity to publish it; and, as it gave them a discretional power of disposal, they might as well consider themselves the poor, for they were both in the parish.
If, for instance, an improved tone of public feeling calls for a gradual mitigation of army punishments, the quarrel becomes instantly an intellectual one: and much information is brought forward, which throws light upon human nature generally. But in Rome, such a discussion would have been stopped summarily, as interfering with the discretional power of the Praetorium.
The order as to his personal movements being not discretional, was of course absolutely accepted; but his other measures were apparently his own, and were instantaneous. A vessel was at once sent off to Barbados to notify Admiral Pocock that the best place in the West Indies for his rendezvous was Fort Royal Bay, in the newly acquired Martinique.
When the list of persons eligible as jurors has been reduced by the unobjectionable process of balloting to forty-eight, from that amount they are further reduced by ultimate challenges; and the necessity resting upon each party to make these challenges is not discretional, but peremptory. It happened that the officer who challenged on behalf of the crown, struck off about ten Roman Catholics.
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